Patent Me This, Batman

Copyright 2006 Find Your Prosperity.com

I believe there is creativity in every person and so, apparently, does Simon Cowell (or maybe he knows it makes great TV!). The crazies on American Inventor aside, I believe that people's creativity may may be suppressed, out of fear or embarrassment, or just undiscovered. But maybe you already knew that. Maybe you have a little workshop in your garage or in a corner of your apartment. Maybe you spend your free time tinkering around, trying to make a better mousetrap. Maybe you count yourself among the inventors, a rare breed of maverick that feels compelled to solve the most mundane of problems. And I, for one, thank you for being that kind of freak.

If you're going to be an inventor, though, it's crucial to protect your Intellectual Property from people who might try to steal your idea and your resulting profits. There are three types of patents currently granted by the U.S. Patent and Trademark Office. They are:

*Design Patents

*Utility Patents

*Plant Patents

Design and Utility Patents are the two most commonly applied for. As of the time of this writing, Design Patents are issued for a period of 14 years, and protect the design of a device, machine or process. For instance, you cannot patent a woman's purse. But if you've made substantial enough changes to it in terms of its structure and overall look, you may be granted a Design Patent.

A Utility Patent is granted for a period of 20 years, and governs the way a device, machine or process might be used. If significant improvements are made to the way a process, such as yoga or physical exercise, is used, it may be granted a Utility Patent.

Plant Patents protect new varieties of plants, which may be patently (sorry) obvious.

Some people choose to go through a patent attorney, and that can be very helpful for newbies. But if money is an issue, Design Patents are very easy to apply for, and the services of an attorney are not required. The typical cost of obtaining a design patent is approximately $400, which does not include an international patent search or technical drawings. An international patent search is necessary to make sure someone else has not yet patented your idea or design. Patent searches can be done in patent libraries, or through a patent searcher, who is likely to charge around $200-300 per search. Technical drawings are usually necessary, unless your product has been prototyped (at least one of them has to exist, in other words).

Applying for a patent provides "patent pending" or "patent applied for" status, usually in about six weeks. Much, if not all, of the process can be done online (www.uspto.gov), or easily with PatentWizard 2.0. Doing things this way allows you to seek out venture capital, if you want to start your own business and take care of manufacturing, or approach a licensing agent, if you'd prefer to farm out the manufacturing in exchange for a cut of units produced and sold.

Licensing is another issue, but suffice it to say that you will need a logbook to track the process of inventing your product. In the event of a challenge by the Patent Office, you need to have a record of drawings, sketches, ideas and random jottings that are dated along the way. Inventor's Place has a wonderful logbook that not only gives you the space you need to keep track of your invention's progress, but also gives encouragement and valuable tips that will save you money before you fork any more over to the government.

If you like your information straight and simple, Richard Levy's book will walk you through the entire patenting process, without the BS. As the inventor of the Furby, among 125 other products, he's got the goods to help you get started on the path to invention success!

I'm sure I'll thank you for it later.

For more stories like this, go to http://www.FindYourProsperity.com

Alyson Mead is founder of http://www.FindYourProsperity.com. In her 18-year career as an award-winning writer, she has published hundreds of articles in over 25 outlets, including Salon, AOL, MSN-NBC, BUST, New York Daily News, Bitch, The Sun, In These Times and more. She has received the Columbine Award for Screenwriting, the Roy W. Dean Filmmaking Grant, and a Writer's Digest Award.

Patents, Trademarks, Copyrights--What's the Difference?

Patents

A patent protects inventions through federal law. Inventions are your creative ideas for new products (articles of manufacture), machines, processes, methods, compositions of matter, ornamentation on products, or new plants. An improvement on an existing product may also be patented.

Utility patents protect the majority of these. To be patentable, your invention must be useful, novel and non-obvious. Design patents protect the ornamentation on devices. Plant patents protect new plant varieties.

Utility patents give you a monopoly (no one else can make, use, sell, offer for sale, or import your invention) for twenty years from the date of filing.

Design patents give you a monopoly for fourteen years from the date of issue, and prevent others from making the patented device with your ornamentation on them. (By way of example, a table is a useful device. If you could obtain a utility patent on a table with a flat surface and four legs, you could stop anyone from making such a table. If your table had an unusual ornamental shape or surface pattern, you would be able to prevent others from making tables with that shape or surface pattern.)

Plant patents last for twenty years from the filing date of the patent application.

Infringement of your patent allows you to potentially obtain treble damages plus attorney fees.

Trademarks

Trademarks (or service marks for services) protect names, logos, slogans, and the like through both federal and state laws. Your name, logo or slogan identifies you to your prospective customers as the source of the goods and services that you are offering, and thus constitutes a trademark.

There are both federal trademarks and state trademarks. There are also common law trademarks that are not registered at either the federal or state level. Federal trademark applications can be filed even before you are using the trademark name, logo or slogan to reserve your trademark.

Other than common law trademarks, federal and state trademarks must periodically be renewed. Federal trademarks must be renewed every ten years. If you no longer use the trademark, you lose your rights. Otherwise, so long as you continuously use and/or renew the mark, you will continue to have rights forever.

Infringement of your trademark allows you to potentially obtain treble damages and attorney fees.

Copyrights

Copyright protects your creative artistic expression, but only once it is set into a tangible form. For instance, you create and sing a song. There is no copyright unless the song is recorded or written, because there is no tangible representation of your artistic expression. However, once you write, record, photograph, draw, or otherwise create a tangible record of your artistic expression, you automatically have copyright. That is, you are the only one who has the right to make or sell copies.

Ideas cannot be copyrighted. They may only be patented. Examples of copyrightable materials are written words, such as in books, magazines, poems, songs; written music; performances of music; paintings and drawings; photographs, videos, architectural plans, website content and layouts, and computer software.

Copyright lasts for 70 years plus the life of the creator (or last to die for multiple authors) for new works under current law. If the work is made for hire, then the term is the shorter of 95 years from publication or 120 years from creation.

Federal laws provide you with the right to enforce your copyright, but only once it is registered. There is the possibility of obtaining statutory damages of up to $150,000.00, plus the possibility of being awarded attorney fees. Thus, it is very important to register your copyright as soon as practicable.

Other

Finally, trade secret protection is another means of providing protection to ideas. However, the key word here is secret. Let someone who has no need to know in on the secret and it is no longer protected. Trade secrets are most suitable to keep secret formulas or processes protected.

For more information, please visit http://www.trwiplaw.com.

C2006, Williamson Intellectual Property Law, LLC; all rights reserved, world-wide.
This article, and/or the reading thereof, shall not be construed as offering, containing or receiving of legal advice, and shall not create any attorney-client relationship or privilege. If you are considering protecting your intellectual property, you should consult with an attorney of your choice.

Thomas R. (Terry) Williamson III, Ph.D., Registered Patent Attorney
Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100
Atlanta, GA 30339
770-777-0977
http://www.trwiplaw.com

Has It Been Done Before? Optimize Your Patent Search Using Patent Scraping Technology

Since the US patent office opened in 1790, inventors across the United States have been submitting all sorts of great products and half-baked ideas to their database. Nowadays, many individuals get ideas for great products only to have the patent office do a patent search and tell them that their ideas have already been patented by someone else! Herin lies a question: How do I perform a patent search to find out if my invention has already been patented before I invest time and money into it?

The US patent office patent search database is available to anyone with internet access.

http://www.uspto.gov/patft/index.html

Performing a patent search with the patent searching tools on the US Patent office Webpage can prove to be a very time consuming process. For example, patent searching the database for "dog" and "food" yields 5745 patent search results. The straight-forward approach to investigating the patent search results for your particular idea is to go through all 5745 results one at a time looking for yours. Get some munchies and settle in, this could take a while! The patent search database sorts results by patent number instead of relevancy. This means that if your idea was recently patented, you will find it near the top but if it wasn't, you could be searching for quite a while. Also, most patent search results have images associated with them. Downloading and displaying these images over the internet can be very time consuming depending on you internet connection and the availablity of the patent search database servers.

Because patent searches take such a long time, many companies and organizations are looking ways to improve the process. Some organizations and companies will hire employees for the sole purpose of performing patent searches for them. Others contract out the job to small business that specialize in patent searches. The latest technology for performing patent searches is called patent scraping.

Patent scraping is the process of writing computer automated scripts that analyze a website and copy only the content you are interested in into easily accessible databases or spreadsheets on your computer. Because it is a computerized script performing the patent search, you don't need a separate employee to get the data, you can let it run the patent scraping while you perform other important tasks. Patent scraping technology can also extract text content from images. By saving the images and textual content to your computer, you can then very efficiently search them for content and relevancy; thus saving you lots of time that could be better spent actually inventing something!

To put a real-world face on this, let us consider the pharmaceutical industry. Many different companies are competing for the patent on the next big drug. It has become an indispensible tactic of the industry for one company to perform patent searches for what patents the other companies are applying for, thus learning in which direction the research and development team of the other company is taking them. Using this information, the company can then choose to either pursue that direction heavily, or spin off in a different direction. It would quickly become very costly to maintain a team of researchers dedicated to only performing patent searches all day. Patent scraping technology is the means for figuring out what ideas and technologies are coming about before they make headline news. It is by utilizing patent scraping technology that the large companies stay up to date on the latest trends in technology.

While some companies choose to hire their own programming team to do their patent scraping scripts for them, it is much more cost effective to contract out the job to a qualified team of programmers dedicated to performing such services.

Learn more about the other uses of scraping technology such as website maintenance and data collection at http://www.scrapegoat.com.

Patent - How To Get One

In this article we're going to discuss how to get a general patent as there are actually different kinds of patents that can be obtained.

If you're an inventor and think you've come up with some gadget that is going to be in everybody's home in the next few years then you might want to think about securing a patent for this amazing invention otherwise you might find that it is stolen right from under your nose.

It is very common to confuse patents with copyrights and trademarks. A patent basically grants the inventor trademark rights for his invention. The words of the actual patent grant are as follows: "the inventor is given the right to exclude others from making, using, offering for sale, or selling the invention in the issuing country or importing the invention into that country." In other words, the inventor has complete control over his invention.

There are 3 kinds of patents that an inventor can obtain. The first is a utility patent, which is given to anyone who invents of discovers a new process or machine. This includes any article manufactured that is an improvement over a similar article. The second is a design patent, which is given to anyone who invents a new design for a manufactured article. The third patent is called a plant patent, which is given to anyone who invents a new kind of plant.

To get a patent for any of the above categories the inventor must file a patent application. Usually, because of the sensitive nature of patent infringement, these inventors will hire a lawyer to aid them in the process of securing their patent. These are attorneys who specialize in patent law and know all the idiosyncrasies of the business. If you're an inventor hiring a lawyer for this service expect to pay a very large fee because of the specialty of their service.

If you are looking to save some money you may want to try to get through the process of getting a patent on your own. The system itself requires that the patent examiners make themselves available to help any inventors who are not going through an attorney. If you're going to go about this process without a lawyer make sure you make notes of your invention in minute detail. This is required so as to verify that the invention is indeed new and original and not an infringement on somebody else's patent.

Make sure you read through the application questions very carefully so as to make sure that your invention qualifies as an original work otherwise you can be wasting a lot of time and money in the process. Even without using an attorney the filing fees can run as high as $2000. In some cases you may also have to build a prototype of your invention and give the patent examiner a demonstration of how it works.

In order to make sure your invention is indeed original you will have to research all current patents. You can do this either online or at the Trademark Depository Library.

Also remember that applying for a patent is a business decision. Even if the item is original you still want to make sure there is a market for it before you go through the whole process only to find out that nobody has any interest in what you've invented.

Michael Russell
Your Independent guide to Patents

The Topic of Patentability

For an object or idea to be patentable, it must fit into one of the following four categories; process, manufacture, machine or composition of matter. The subject matter must also be original, an unmodified, previously existing invention is never patentable. There must be a significant improvement over previous inventions for the new one to qualify. If two previous inventions are combined together, the combination must yield new and unexpected results for the invention to be considered patentable.

In addition, an invention must be useful and must actually work in order for it to be patentable. A useful invention is one in which the object already has a utility without anyone having to pursue further research to identify or reasonably confirm the utility. So, if you've invented a nifty little widget or doodad, but haven't got a clue as to what it could be used for, the PTO isn't going to be impressed and isn't likely to grant your patent.

On the bright side, if an invention does not accomplish all of its intended functions or it only has partial success, it may still be patentable. In the case of newly developed drugs, the claimed invention only needs to treat a single symptom of an incurable disease for it to have usefulness. The Patent Office isn't as strict on drugs and treatments (that's where the Food and Drug Administration come in).

The PTO has established that laws or forces of nature are not deemed patentable. Examples of these include, but are not limited to, the law of gravity or E=mc2. Computer related inventions may or may not be patentable. Computer programs that have a function when used with a computer are definitely patentable subject matter. Merely recording information (like music, literary works or data) on a computer-readable medium will not result in a patentable idea.

Lisa Parmley - Registered Patent Agent Review free articles on inventing and patenting: Patent Your Inventions

Free Patent Search Information and tips

Free Patent Search Training in Free Patent Database online

The first step to find out if you invention can be patented is to conduct a free patent search online in any free patent information database online. How can you do a free patent search to find out if your invention can be patented?

Some of the most popular free patent databases in the world are http://www.uspto.gov, http://ep.espacenet.org, http://www.wipo.int and http://www.surfip.gov.sg.

We will briefly discuss in this article how you can conduct a Free Patent Search in USPTO database. This is the first of the seven articles that we will write to teach any one to use USPTO website to conduct patent search.

USPTO database contains over 33 million patent documents and is updated every week. The website is probably the largest patent website in the world. It provides a free patent search facility for both beginners and advanced users.

How can I conduct Patent Search at USPTO?

The answer to this question is given in a technical way in many websites. We will try to avoid the jargon and we will try to enable even a layperson that is not exposed to search databases regularly to do it easily.

The USPTO deals with conducting a Patent Search using its freely searchable patent database through the Internet. The instructions are given at
http://www.uspto.gov/web/offices/ac/ido/ptdl/step7.htm The USPTO stresses the importance on 7 Steps each one to be done one after the other.

The Patent Search website Tmpsearchers.com has started a patent training course online. We can train you online wherever you live and the lessons and exercises are sent on a daily basis for three weeks. We teach a simplified version of methods to our students using Free Patent Databases. Although a paid database is more users friendly, the official free databases are updated with regular data and the expensive paid databases take some time (a short time) to update themselves to be current. Therefore it is necessary to conduct a search in the official free patent databases online even after using paid patent databases. A proper training and search strategy for free databases is therefore very important.

One problem is that the USPTO does not allow you to do the free patent search on patents granted prior to 1976 unless you start the patent search with the class and sub class alone. So you need to identify the classes and then do a patent research of pre 1976 patents also.

Our method slightly differs from the methodology advised by USPTO and consists of 9 Steps.

1. Start the search with some relevant keywords

When you do a search using USPTO you will go to the search inter-face at http://www.uspto.gov/patft/index.html Start with the issued patents and start with using some keywords, which are relevant to your invention. You may use either the quick search method or the advanced search method. Be sure to study the help pages at http://www.uspto.gov/patft/help/help.htm and especially the page at http://www.uspto.gov/patft/help/helpadv.htm if you are going to use the advanced search method.

2. You will get some results and by using more relevant keywords you can reduce the number of patent titles to a minimum of about 40. Please keep a record of all the keywords that you used.

3. Please note all the classifications of cited in these patents. Note both the US Classification and the International Classification of Patents. This is a must.

4. Repeat the patent search with the Published Applications using http://appft1.uspto.gov/netahtml/PTO/search-adv.html Again record the search queries and the classifications.

5. Now study the classifications that are repeated time and again in your results and try to narrow down the invention to some particular classifications. It is not very difficult to do although it will take some time.

You may learn the other four steps by in our patent training web page.

These steps should give you a very comprehensive picture of the free patent search that can be done at USPTO.

A similar strategy can be followed at other free patent databases online using the International classifications that you have identified.

Working at the Free Patent Search website Tmpsearchers.com we find that we are able to find patents easily when we do patent search this way, but the key here is to master the keywords to be applied to conduct the patent search. If you want to know more or learn other advanced techniques of patent search using the free patent search interface of USPTO patent database, please contact us for any help needed.

Ramaswami a Patent and Trademarks Attorney in India provides free counseling in Patents and trademarks in India. Know more about the services you can ask for at http://www.tmpsearchers.com/contact.asp

Trademarks - What is a Conflict? What is a Strong Similarity?

Comprehensive trademark research consists of several layers:

• Researching comprehensive databases, such as Lexis-Nexis or Dialog
• Looking for similarities, such as synonyms, word placement & spelling variations
• Consultation with a trademark attorney if Conflicts or Strong Similarities arise

The hardest matter to determine is what's going to be a potential problem for you and what isn't. Once that is ascertained, further research into the company or companies is needed.

First, let's discuss the difference between conflicts and strong similarities.

What is a Conflict? Determining a conflict is very simple - it's any mark that is EXACTLY like yours. If the name AND the goods/services are EXACTLY the same, then it's a Conflict.

What is a Strong Similarity? These are harder to determine and require analysis. A Strong Similarity is a name that is similar enough in Sound, Appearance or Meaning to be confusingly similar to the average consumer. Here are some examples to aid you:

1. Joe has a pending Federal trademark for his auto detailing service called It's in the Details. Becky wants to call her new auto detailing service, It is the Details. They are both offering the same service and their trade areas cross. This is a Strong Similarity, based on Sound & Appearance and Joe's pending Federal application.
2. Mary has a Federally registered trademark for her clothing line, Scary Mary's Apparel. Dan wants to use the name Mary Frightful Wear for his clothing line. This is a Strong Similarity, based on Meaning & Mary's Federal registration.
3. Sam has a California state registered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily serves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.
4. Lorena's online payroll service, Pay Up, has been in use for 15 years and has clients across the country. Gene wants to start an online payroll service called Wage Wizard. Neither of them have trademarks. This is NOT a Strong Similarity based on the dissimilarity in the names.

Naturally, there will be exceptions to every situation. For instance, similar trademarks (in name and goods/services) can coexist peacefully if both parties are comfortable with one another's existence. This can happen if trade areas do not cross (e.g. located on opposite coasts), if they appeal to different consumers (e.g. one sells to private industry while the other sells to the general public), etc.

Two important notes:

1) It's crucial that comprehensive research be conducted in order to decide if the name is truly available or not. Free preliminary sites found on the web are a great place to start but please be aware that this is merely scratching the surface of what's out there.

2) Determining what is a conflict or a strong similarity requires experience and it is very easy to over or under-react to marks you've found. If you're vacillating about any marks, contact a trademark research firm or an attorney for further consultation.

Now, once those similar marks have been found and determined, the next step is to check into them to determine whether or not there would be a likelihood of confusion between the two companies when used in commerce.

How to get started with your competitive check:

1. For Federal trademarks: check the current status of the application by going to USPTO Check Status site and entering the serial number in the appropriate box
2. Do a web search for the trademark name AND for the owner name.
3. Call information to find phone numbers and contact information for each company.
4. Contact each of the similarities to find out specifically what they do and what their business area is.

Specific questions to ask:

• What services do you provide? / What exactly does your product do?
• I notice you are located in _________, are you currently doing business outside that area?
• Do you have a web page that describes your business? Do you have a brochure that you could send or fax me?

It is best to not let on who you are - simply act like an interested consumer.

Once you've checked the status of the application & contacted the companies directly, the next step is to discuss the findings with a trademark attorney. S/he will assist you in determining your next steps.

* No claim is made to the ownership, knowledge or liability of the above personal and/or company names. The above examples are merely for informational purposes and should only be seen as such.

Shannon Moore is the General Manager, East Coast for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Shannon directly at 800.340.2010.